BILL NUMBER: AB 747	CHAPTERED  10/10/99

	CHAPTER   837
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 1, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN SENATE   JUNE 8, 1999
	AMENDED IN ASSEMBLY   APRIL 13, 1999

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 24, 1999

   An act to amend Section 17215 of the Education Code, relating to
schoolsites.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 747, Dutra.  Schoolsites:  airports.
   Existing law requires the governing board of each school district
to give the Department of Transportation written notice of the
proposed acquisition of a schoolsite that is within 2 miles of an
existing airport runway or a planned runway, and requires the
Department of Transportation to investigate the site and report to
the governing board of the school district.  Existing law provides
that, if the recommendation of the Department of Transportation is
unfavorable, the recommendation may not be overruled without express
approval of the State Board of Education.
   This bill would, instead, require the governing board of a school
district to report to the State Department of Education and would
require the State Department of Education to report to the Department
of Transportation.  This bill would require the Department of
Transportation to investigate and report to the State Department of
Education, and would require the State Department of Education,
within 10 days of receiving the Department of Transportation's report
to forward the report to the governing board of the school district.
The bill would require the Department of Transportation to adopt
regulations setting forth the criteria by which a proposed site will
be evaluated.
   Existing law prohibits acquisition of the site and prohibits
apportionment or expenditure of state or local funds for the
acquisition of that site, construction of any school building on that
site, or for the expansion of any existing site to include that
site, if the report does not favor acquisition of the site, unless
prescribed reporting and public hearing requirements are satisfied.
Existing law also prohibits an unfavorable recommendation from being
overruled without the express approval of the State Allocation Board.

   This bill would instead prohibit the governing board of a school
district from acquiring title to the property if the report does not
favor the acquisition of the property for a schoolsite or an addition
to a present schoolsite.  The bill would also delete the provision
that allows a school district to have the recommendation of the
Department of Transportation overruled by obtaining the express
approval of the State Board of Education.
   The bill would require, if the report does favor the acquisition
of the property for a schoolsite or an addition to a present
schoolsite, the governing board to hold a public hearing on the
matter prior to acquiring the site.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17215 of the Education Code is amended to read:

   17215.  (a) In order to promote the safety of pupils,
comprehensive community planning, and greater educational usefulness
of schoolsites before acquiring title to property for a new
schoolsite, the governing board of each school district, including
any district governed by a city board of education, shall give the
State Department of Education written notice of the proposed
acquisition and shall submit any information required by the State
Department of Education if the proposed site is within two miles,
measured by air line, of that point on an airport runway or a
potential runway included in an airport master plan that is nearest
to the site.
   (b) Upon receipt of the notice required pursuant to subdivision
(a), the State Department of Education shall notify the Department of
Transportation in writing of the proposed acquisition.  If the
Department of Transportation is no longer in operation, the State
Department of Education shall, in lieu of notifying the Department of
Transportation, notify the United States Department of
Transportation or any other appropriate agency, in writing, of the
proposed acquisition for the purpose of obtaining from the department
or other agency any information or assistance that it may desire to
give.
   (c) The Department of Transportation shall investigate the
proposed site and, within 30 working days after receipt of the
notice, shall submit to the State Department of Education a written
report of its findings including recommendations concerning
acquisition of the site.  As part of the investigation, the
Department of Transportation shall give notice thereof to the owner
and operator of the airport who shall be granted the opportunity to
comment upon the proposed schoolsite.  The Department of
Transportation shall adopt regulations setting forth the criteria by
which a proposed site will be evaluated pursuant to this section.
   (d) The State Department of Education shall, within 10 days of
receiving the Department of Transportation's report, forward the
report to the governing board of the school district.  The governing
board may not acquire title to the property until the report of the
Department of Transportation has been received.  If the report does
not favor the acquisition of the property for a schoolsite or an
addition to a present schoolsite, the governing board may not acquire
title to the property.  If the report does favor the acquisition of
the property for a schoolsite or an addition to a present schoolsite,
the governing board shall hold a public hearing on the matter prior
to acquiring the site.
   (e) If the Department of Transportation's recommendation does not
favor acquisition of a proposed site, state funds or local funds may
not be apportioned or expended for the acquisition of that site,
construction of any school building on that site, or for the
expansion of any existing site to include that site.
   (f) This section does not apply to sites acquired prior to January
1, 1966, nor to any additions or extensions to those sites.
